The Portland daily press., 1887-06-18
GOVERNOR RoDwELL's VETO.
Or. Dana criticises the Resolutions
OF the Maine Medical Association.
To The Editor of the Press.

To the Editor Of the Press:
In your issue Of Thursday morning tho
resolutions Of the Maine Medical Associa-
tion concerning the matter Of the Act 10 reg
ulate the Practice Of Medicine are published.
They were adopted by unanimous rising
vote" Just below in the column am cred
tied with reading paper before the Asso-
citation soon after the passage Of the resolu-
tions. As do not wish to be understood
to have voted for the resolutions beg leave
30 say few words.
was not present when the resolutions
were presented. 1t was my desire and inten-
tion to be present, but being prevented at
the last moment, lost that opportunity to
hear them read, to record one vote against
them. or to propose some essential modifca-
ton Of them as L would have done.
l appreciate very highly the remarkably
able and exhaustive report Of the committee
on the status of the Registration Act. en-
bodying and putting upon record the precise
facts in the case as they found them to be. 1
feel as deeply as any one the loss both to the
community and the profession from the fail
ure Of the Act to go into operation after its
passage through the two houses by such de-
cisive majorities. regret exceedingly that
the Governor did not aecede to the request
of the committee and refer 20 the Supreme
Court, for prompt and final settlement, the
the question so urgent in the minds Of so
many citizens, whether the Act entitled an
Act to regulate the Practice Of Medicine,
enacted at the recent session of the Legisla-
ture, is or is not public law Of the State"
Such mode Of settling the vexed question
would seem to the common mind to accord
equally with the honor Of the Chief Magis-
trate and the reasonable wishes Of a large
number of citizens Would that Gov. Bod
well had at once availed himself of it.
The adoption Of resolutions by scientific
association does not preclude further discus
sion Of the involved subject at another time.
The humblest member having voted, and on
more mature reflection having reached diff
ferent conclusion, may later find time to
express it, while absent members. hearing
Of action taken, are quite at liberty to seek
opportunity to express assent or dissent
The subject matter Of these resolutions be-
ing one Of public concern, and the meetings
of the association occurring only annually,
desire to express, by your courtesy, several
objections to the resolutions as passed.
1-They assume that the act had become q
law, thus begging the very question which
the committee asked the Governor to refer to
the Supreme Court, viz: Whether the act Is
or Is not now law. The Maine Medical
Association and its legal advisers believe 1t
is. The Governor, having taken advice, be-
lieyes it is not a law. The question is yet
sub judice, and can only be settled, as l un-
derstand, by an opinion OF the Supreme
Court.
2-The resolutions further assume that the
refusal of the Governor to refer the question
to the supreme tribunal displays either the
disposition OF despot or the Serytlity OF
pusillanimous agent OF inscriptions pOltt-
ical masters" Is there indeed no other pos
sible alternative within the scope Of calm
and charitable judgment? Do fair-mindeds
honorable and competent men never make
mistakes? Is Is quite impossible that a
mistake in this case might yet be untainted
by the spirit either Of the tyrant or the cow
ard?
S-The question being still unsettled
whether the act Is or is not law, cannot
vote the Governor to be guilty OF violating
his oath Of office. or OF attempting TO
overthrow statute" because he does not en-
force an act which he and his legal advisers
do not consider to have become law.
l claim for the Maine Medical Association
and for the humblest individual member OF
it equally the right to have and TO hold, and
in suitable ways TO declare their individual
opinions and judgments of public acts In
which they are Interested. The Chief Magis-
trate of the State can scarcely be supposed
to possess less absolute right Of individual
Judgment and expression. The solemn con-
stitutional responsibility rests upon him OF
exercising his Individual judgment and con-
science in the decision of many questions OF
public import. For one l could not have
voted for the resolutions as they stand.
There Is too much Of the personal in them.
They undertake too much Interpretation OF
motive.
In considering questions Of motive, should
not the long life of our Governor, lived in
the midst Of his fellow citizens, and dis
tinguished alike by energy and integrity, bo
entitled to some weight?
ISRAEL T. DANA, NJ. ID.